UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6718
GEORGE F. CAUSEY,
Petitioner - Appellant,
versus
HENRY DARGON MCMASTER, Attorney General for
South Carolina; WARDEN, Lieber Correctional
Institution,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Sol Blatt, Jr., Senior District
Judge. (CA-04-843-2-08-AJ)
Submitted: January 13, 2005 Decided: January 19, 2005
Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George F. Causey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George F. Causey seeks to appeal the magistrate judge’s
report* recommending that his 28 U.S.C. § 2254 (2000) petition be
dismissed as successive. Rather than file objections to the report
and recommendation, that would be considered by the district court,
Causey filed a notice of appeal. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and
certain interlocutory and collateral orders. 28 U.S.C. § 1292
(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541 (1949). The order Causey seeks to appeal is
neither a final order nor an appealable interlocutory or collateral
order. See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir. 1999)
(holding that absent both designation by the district court and
consent of the parties under 28 U.S.C. § 636(c) (2000), a
magistrate judge’s recommendation is not a final appealable
decision under 28 U.S.C. § 1291 (2000)). Accordingly, we dismiss
the appeal for lack of jurisdiction. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
*
The matter had been referred to the magistrate judge for a
recommendation under 28 U.S.C. § 636(b)(1)(B) (2000).
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